1. Protection of Personal Information Bill: An International Perspective

2. International origins
Information privacy not a domestic policy problem: worldwide expansion of telecommunications technology
CoE Convention and EU Data Protection Directive
OECD Guidelines
APEC, Commonwealth, United Nations
ISO and IEC privacy framework

3. Council of Europe (CoE)’s objectives
To create a common democratic and legal area throughout the whole of the continent, ensuring respect for its fundamental values: human rights, democracy and the rule of law.
Given effect iro information privacy in CoE Convention and EU Directive

4. Organisation for Economic Cooperation and Development (OECD)’s objectives
* To achieve the highest sustainable economic growth and employment and a rising standard of living in member countries, while maintaining financial stability, and thus to contribute to the development of the world economy;
To contribute to sound economic expansion in member as well as non-member countries in the process of economic development;
To contribute to the expansion of world trade on a multilateral, non-discriminatory basis in accordance with international obligations
Given effect iro information privacy in OECD Guidelines

5. Member countries COE: European countries
OECD: European countries (including some Eastern European countries), but also United States, Canada, Japan, Australia, New Zealand, Mexico, Korea.

6. Interpretation of international instruments in national legislation
* Clause 1: Definitions
Consensus on internationally accepted privacy principles; implementation differs
Laws in European countries influenced by human rights perspective
Laws in countries outside Europe influenced more by economic imperatives
Developing countries (Africa): Senegal, Morocco, Benin, Burkino Faso

7. Information Protection Principles
Information must be -
Obtained fairly and lawfully
Used only for the original specified purpose
Further processed in compatible fashion
Accurate and up to date
Adequate, relevant and not excessive to purpose
Processed openly
Accessible to subject
Kept secure
Destroyed after its purpose is completed
[Transferred to countries with adequate information protection only]
Responsible party must ensure compliance

9. Drafting of Protection of Personal Information Bill
Principle based vs rules based legislation
Principle based means:
* overarching framework, outcomes, not process
* compliance with spirit of law
* flexibility
Best practice approach complemented with detailed rules, codes of conduct, official guidelines

10. The Information Management Lifecycle
Storage
Collection
Archive
Use
Distribution
Destruction

11. Conclusion
* The PPI Bill is a hybrid piece of legislation incorporating the human rights perspective while providing for economic expediencies.
It is principled based rather than rules based and the Bill together with other sector specific legislation, regulations, codes of conduct and guidelines form a unique privacy framework for SA.
It emphasises the “do the right thing” approach and promotes compliance with the spirit of the law.
Although it is possible to learn from the experiences in other jurisdictions, the Bill should primarily be interpreted with reference to the international instruments from which it originated.